Bill Text: TX HB1610 | 2011-2012 | 82nd Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to educator misconduct and employment sanctions for certain misconduct; providing a penalty.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Passed) 2011-06-17 - Effective on 9/1/11 [HB1610 Detail]
Download: Texas-2011-HB1610-Engrossed.html
Bill Title: Relating to educator misconduct and employment sanctions for certain misconduct; providing a penalty.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Passed) 2011-06-17 - Effective on 9/1/11 [HB1610 Detail]
Download: Texas-2011-HB1610-Engrossed.html
By: Gonzales of Williamson, Madden | H.B. No. 1610 |
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relating to employment termination procedures applicable to a | ||
teacher who is convicted of or receives deferred adjudication for a | ||
felony. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 21.058, Education Code, is amended by | ||
amending Subsections (a) and (c) and adding Subsections (c-1), | ||
(c-2), and (e) to read as follows: | ||
(a) The procedures described by Subsections (b) and (c) | ||
apply [ |
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(1) to conviction of a felony offense under Title 5, | ||
Penal Code, or an offense on conviction of which a defendant is | ||
required to register as a sex offender under Chapter 62, Code of | ||
Criminal Procedure; and | ||
(2) if the victim of the offense is under 18 years of | ||
age. | ||
(c) A school district or open-enrollment charter school | ||
that receives notice under Subsection (b) of the revocation of a | ||
certificate issued under this subchapter shall: | ||
(1) immediately remove the person whose certificate | ||
has been revoked from campus or from an administrative office, as | ||
applicable, to prevent the person from having any contact with a | ||
student; and | ||
(2) if the person is employed under a probationary, | ||
continuing, or term contract under this chapter: | ||
(A) suspend the person without pay; | ||
(B) provide the person with written notice that | ||
the person's contract is void as provided by Subsection (c-2); and | ||
(C) [ |
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employment of the person as soon as practicable [ |
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(c-1) If a school district or open-enrollment charter | ||
school becomes aware that a person employed by the district or | ||
school under a probationary, continuing, or term contract under | ||
this chapter has been convicted of a felony offense or has received | ||
deferred adjudication for a felony offense and violated a condition | ||
imposed by the court before the expiration of the required period of | ||
community supervision, and the person is not subject to Subsection | ||
(c), the district or school may: | ||
(1) suspend the person without pay; | ||
(2) provide the person with written notice that the | ||
person's contract is void as provided by Subsection (c-2); and | ||
(3) terminate the employment of the person as soon as | ||
practicable. | ||
(c-2) A person's probationary, continuing, or term contract | ||
is void if the school district or open-enrollment charter school | ||
takes action under Subsection (c)(2)(B) or (c-1)(2). | ||
(e) Action taken by a school district or open-enrollment | ||
charter school under Subsection (c) or (c-1) is not subject to | ||
appeal under this chapter, and the notice and hearing requirements | ||
of this chapter do not apply to the action. | ||
SECTION 2. This Act applies beginning with the 2011-2012 | ||
school year. | ||
SECTION 3. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2011. |